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22 U.S.C. § 254c — Extension of more favorable or less favorable treatment than provided under Vienna Convention; authority of President

submitted 48 years ago by Pub. L. 95-393 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 215 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President may change diplomatic privileges based on reciprocity with other countries. The Secretary of State may do the same for consular privileges, with the Attorney General's agreement. Before acting on consular privileges, the Secretary must consult key congressional committees.

(a) The President may give a foreign mission — its members, their families, and diplomatic couriers — either more favorable or less favorable treatment than the Vienna Convention normally requires. The President decides the terms and conditions, based on how that country treats U.S. diplomats (reciprocity). (b) Consular immunity. (1) The Secretary of State, with the Attorney General's agreement, may do the same thing for a consular post, its members, and their families — giving more or less favorable treatment than the Vienna Convention on Consular Relations (signed April 24, 1963, effective for the U.S. on December 24, 1969), again based on reciprocity. (2) Before using this power, the Secretary of State must first consult with the House Committee on Foreign Affairs, the House Committee on Appropriations, the Senate Committee on Foreign Relations, and the Senate Committee on Appropriations, about why more or less favorable treatment is needed.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The President may, on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for the mission, the members of the mission, their families, and the diplomatic couriers which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention.

(b) Consular immunity
(1) In general

The Secretary of State, with the concurrence of the Attorney General, may, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, specify privileges and immunities for a consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for the United States on December 24, 1969.

(2) Consultation

Before exercising the authority under paragraph (1), the Secretary of State shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.

Source credit: (Pub. L. 95–393, § 4, Sept. 30, 1978, 92 Stat. 809; Pub. L. 97–241, title II, § 203(b)(3), Aug. 24, 1982, 96 Stat. 291; Pub. L. 114–323, title V, § 501, Dec. 16, 2016, 130 Stat. 1935; Pub. L. 115–94, § 2(e), Dec. 18, 2017, 131 Stat. 2038.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-393 · 92 Stat. 809
  • 1982Amended · Pub. L. 97-241 · 96 Stat. 291
  • 2016Amended · Pub. L. 114-323 · 130 Stat. 1935
  • 2017Amended · Pub. L. 115-94 · 131 Stat. 2038

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-393 on 1978-09-30.

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